MQMV and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal of a decision by the Child Support Registrar regarding the percentage of care for Child C2. The parties, MQMV (the father) and QDXX (the mother), were separated parents of two children, C1 and C2. The dispute centred on the actual care arrangements for Child C2 during a specific period, which impacted the child support assessment.

The Tribunal was required to determine whether the Registrar's decision, which affirmed a previous assessment of the mother's care percentage at 78% and the father's at 22% for Child C2, was correct. This involved considering the definition of "actual care" and "delegated care" under the Child Support (Assessment) Act 1989, particularly in light of court orders and subsequent bail conditions imposed on Child C2. The Tribunal also had to assess whether the care arrangements during the period from 29 March 2017 to 1 May 2017 warranted a revocation or amendment of the existing percentage of care determination.

The Tribunal affirmed the decision under review. It found that no evidence had been presented that would justify a different conclusion from that reached by the Registrar. The Tribunal's reasoning implicitly accepted the Registrar's assessment of the care percentages, which had been determined based on the available information and the relevant legislative provisions. The Tribunal noted that it had no general power to award costs.